5.  The applicant was born in 1969 and lives in Kyiv.
6.  Before his detention he had held the post of director of a joint-stock company in charge of the reconstruction of a city tram line in Kyiv financed from the local budget.
7.  On 20 July 2010 criminal proceedings were instituted in respect of the applicant, as well as two other persons, on suspicion of municipal property embezzlement in particularly large amounts in the context of the tram reconstruction works. More specifically, the applicant was suspected of having artificially increased the price of the crushed stone purchased by his company.
8.  On 21 July 2010 the investigator of the Police Department for Combating Organised Crime telephoned the applicant and invited him to appear to give some explanations. The applicant complied and was arrested. The investigator relied on Article 115 of the Code of Criminal Procedure (see paragraph 71 below) and substantiated the applicant’s arrest as follows:
“the witnesses, including the victims, directly indicate this person as the one who committed the crime.”
9.  Furthermore, it was indicated that the applicant’s arrest was required with a view to:
“Prevention of absconding from the investigation and court and ensuring execution of a verdict.
Prevention of hindrances to the establishment of truth in a criminal case.”
10.  It was also noted in the arrest report that the applicant was suspected of a criminal offence under Article 191 § 5 of the Criminal Code (embezzlement involving particularly large amounts) and that the legal qualification of that crime, as well as the grounds for his arrest, had been explained to him. The applicant also confirmed in writing that his rights had been explained to him in an exhaustive manner and expressed a wish to be represented by a lawyer of his choice. His request was allowed.
11.  On 22 July 2010 the applicant’s lawyer challenged his client’s arrest as unlawful before the Golosiyivskyy District Court of Kyiv (“the Golosiyivskyy Court”).
12.  On the same date the investigator applied to the court for the applicant’s pre-trial detention as a preventive measure pending trial. The application repeated the grounds, on which the criminal proceedings in respect of the applicant had been instituted (see paragraph 7 above). It also noted that the potential punishment for the offence in question was from seven to twelve years’ imprisonment, which indicated that the applicant might abscond if at liberty.
13.  On 23 July 2010 a judge of the Golosiyivskyy Court ruled to extend the term of the applicant’s arrest to ten days. The reasoning was as follows:
“Having studied the materials of the criminal case, having heard the explanations of the suspect, the opinion of the prosecutor who supported [the investigator’s] application and requested it to be granted, as well as the position of the defender who objected to that application, having regard to the character of the suspect who is suspected of having committed a particularly serious offence punishable by imprisonment of up to twelve years, bearing in mind that the investigation authorities have not collected sufficient information characterising the suspect and that no charges have been advanced against him, I find it necessary to extend the arrest of [the applicant] to ten days so that sufficient information be collected for the examination of the application in substance.
Furthermore, as regards the [applicant’s] complaint about the unlawfulness of [his] arrest, it has been established that the [investigator] arrested him in compliance with Article 106 of the Code of Criminal Procedure; there are therefore no grounds for allowing this complaint.
In the light of the foregoing and with the purpose of prevention of attempts by the suspect to abscond from the investigation and trial, to hinder the establishment of truth in the criminal case, and in order to ensure compliance with procedural decisions, being guided by Article 165-2 of the Code of Criminal Procedure, the court –
HAS RULED:
To extend the term of [the applicant’s] arrest to ten days ....
To recognise as lawful [his] arrest and to reject [the lawyer’s] complaint [in that regard] ...”
14.  On 28 July 2010 a charge of embezzlement involving particularly large amounts was brought against the applicant.
15.  On 29 July 2010 the Golosiyivskyy Court ordered his pre-trial detention (for two months) as a preventive measure pending trial. It noted that the applicant was suspected of having committed a particularly serious offence punishable by imprisonment of up to twelve years. Furthermore, the court took into account his “attitude to the committed offence” (the applicant denied his guilt). Lastly, the court observed that it had no information according to which the applicant’s detention would be incompatible with his state of health.
16.  On 30 July 2010 the applicant appealed. He submitted, in particular, that the first-instance court had failed to explain why it considered that he would abscond or hinder the investigation. The applicant further argued that the choice of the preventive measure had not been based on an adequate consideration of the particular circumstances of his case.
17.  On 5 August 2010 the Kyiv City Court of Appeal (“the Court of Appeal”) found against the applicant. It stated that the Golosiyivskyy Court had thoroughly examined and rejected his arguments.
18.  On 16 September 2010 the Golosiyivskyy Court extended the applicant’s pre-trial detention to four months. It repeated its earlier reasoning, having added that a considerable volume of investigative measures had yet to be conducted.
19.  On 17 September 2010 the applicant appealed submitting that the deprivation of liberty was the most restrictive preventive measure unjustified in his case. He submitted that the first-instance court had been formalistic and had failed to take into consideration the specific circumstances of the case.
20.  On 23 September 2010 the Court of Appeal upheld the ruling of the first-instance court of 16 September 2010 and its reasoning.
21.  On 19 November 2010 the Court of Appeal, sitting as a court of first instance, allowed another application of the investigator for extension of the applicant’s pre-trial detention, this time to five months. It explained this decision by the necessity to conduct additional investigative measures. As to the applicant’s request for release, it noted the following:
“As regards [the applicant’s] request for the change of the preventive measure from detention to an undertaking not to abscond, it should be rejected, as the circumstances indicated in this request have already been verified by the court when the preventive measure was chosen in respect of [the applicant] and its grounds remain valid.”
22.  On 26 November 2010 a criminal case was opened in respect of the applicant on suspicion of another episode of embezzlement. It was joined to the first criminal case.
23.  On 3 December 2010 the investigator applied to the Court of Appeal for extension of the applicant’s pre-trial detention to seven months explaining it by the necessity to carry out further investigative measures.
24.  The applicant objected submitting, in particular, that the investigative measures with his participation had been limited to taking samples of his signature and handwriting, as well as the familiarisation with the earlier expert evaluations. Furthermore, he noted that his health had drastically deteriorated in detention.
25.  On 21 December 2010 the Court of Appeal extended the applicant’s detention to seven months. It also rejected his request for release under an undertaking not to abscond with a reasoning identical to that given earlier.
26.  On 4 January 2011 another criminal case was opened in respect of the applicant and several other persons on suspicion of creation of a criminal organisation aimed at embezzlement of municipal funds. It was joined to the previously opened criminal cases.
27.  On 17 February 2011 the Court of Appeal extended the applicant’s pre-trial detention to eight months and rejected his request for release on the same grounds as before.
28.  On 5 March 2011 the case was referred to the Podilskyy District Court of Kyiv (“the Podilskyy Court”) for trial.
29.  On 21 March 2011 the term of the applicant’s pre-trial detention expired.
30.  On 24 March 2011 the Podilskyy Court held a preparatory hearing, during which it decided to keep the applicant in detention. It noted that there were no grounds for changing that preventive measure.
31.  On 20 April 2011 the applicant lodged a request for release submitting that his health was deteriorating and that there was nothing to indicate that he would abscond or hinder the establishment of the truth if at liberty.
32.  On the same date the Podilskyy Court rejected the request. It noted that, according to the information from the SIZO administration, the applicant’s health condition was not incompatible with his detention. Furthermore, the court stated that he might abscond, hinder the establishment of the truth or continue his criminal activities if released.
33.  On 3 August, 7 September, 19 October and 21 December 2011, as well as on 24 January 2012, the Podilskyy Court rejected further requests by the applicant for release based on reasoning similar to that given in its ruling of 20 April 2011.
34.  On 6 March 2012 the Podilskyy Court allowed the applicant’s request for release subject to an undertaking not to abscond, having regard to the deterioration of his health and his need for specialised medical treatment.
35.  There is no information in the case file on any subsequent developments in the criminal proceedings against the applicant.
36.  The applicant has a long history of a number of illnesses. Prior to his detention, from 14 to 25 June 2010, he underwent inpatient medical treatment, in particular, for hypertension, vertebral osteochondrosis, cervical spondylosis, chronic cervicalgia, chronic prostatitis and diffuse goiter.
37.  On 21 July 2010 the applicant was arrested (see paragraph 8 above). It is not clear where he was detained thereafter.
38.  On 15 August 2010 the applicant was placed in the Kyiv Pre-Trial Detention Centre (“the SIZO”). Upon his arrival there, he was examined by the SIZO general practitioner (терапевт) and underwent an Rh-factor blood test and an X-ray chest examination. The applicant was diagnosed with an ischemic heart disease, atherosclerosis of aorta and coronary vessels, stage-II hypertension, chronic cholecystitis in remission, osteochondrosis, chronic maxillary sinusitis in an unstable remission and chronic prostatitis. Certain medicines were prescribed to him.
39.  On 4 November 2010, 18 March and 24 May 2011 the SIZO general practitioner examined the applicant. According to the Government, each time specific medicines were prescribed and administered to the applicant. According to the applicant, however, he did not receive any treatment.
40.  By a letter of 8 July 2011 the SIZO administration informed the applicant’s lawyer that the applicant was under the medical unit’s monitoring and was receiving regular treatment on account of the hypertension. The letter stated that, given his health condition, the applicant required an additional examination in a civilian hospital and, possibly, inpatient medical treatment. However, in order to proceed with such examination, written permission of the authority dealing with his criminal case was required, as well as the arrangements for ensuring his transportation.
41.  On 3 August 2011 the Podilskyy Court, although rejecting the applicant’s request for release (see paragraphs 31 and 32 above), gave its written permission to the SIZO administration for his examination and treatment in a civilian hospital.
42.  On 16 August 2011 the SIZO administration wrote to the applicant’s lawyer that it was still impossible to arrange for his client’s convoy.
43.  On 23 September 2011 the applicant requested the Court to apply Rule 39 of the Rules of Court in his case and to indicate to the Government the necessity of his urgent medical examination and treatment in a civilian hospital.
44.  On the same date the Court informed the Government of this request and invited them to submit, by 7 October 2011, information concerning the applicant’s state of health, the medical treatment he was receiving and its adequacy, having regard to the SIZO administration’s conclusion about his need for examination and treatment in a civilian hospital.
45.  On 29 September 2011 the SIZO doctors examined the applicant and confirmed the earlier diagnoses. They prescribed him some medicines and concluded that he did not require inpatient treatment in the SIZO medical unit or urgent hospitalisation in a civilian hospital.
46.  On the same date the applicant was also examined by a senior neuropathologist of a local civilian hospital who diagnosed him with some spine conditions and prescribed medicines without recommending hospitalisation.
47.  On 3 October 2011 the applicant underwent ultrasonic scanning which confirmed the diagnosis of chronic prostatitis.
48.  On 4 October 2011 he received a parcel with medicines from his wife.
49.  On 5 October 2011 the applicant was examined by a civilian-hospital cardiologist who established the following diagnoses: a second-degree hypertension with a high risk, impaired glucose tolerance, and ischemic heart disease (questionable). In order to verify the diagnoses, it was recommended that the applicant undergo a number of examinations and tests.
50.  On the same date the applicant received a medical consultation from an otolaryngologist who diagnosed him with rhinitis and tonsillitis and prescribed some medicines.
51.  On 7 October 2011 the Government responded to the Court’s factual request of 23 September 2011 (see paragraph 44 above). According to them, some of the examinations and tests recommended to the applicant on 5 October 2011 (namely, blood test for glucose, general blood and urine analyses, and ultrasonic scanning of the kidneys) were to be performed in the SIZO medical unit in the short term. As to the other examinations, the Government stated that they would be carried out “on a scheduled basis at civilian hospitals following prior arrangements with the relevant specialists”. Lastly, the medication prescribed to the applicant by the neuropathologist, cardiologist, and otolaryngologist could be administered to him once received from his relatives.
52.  On 25 October 2011 the applicant sent to the Court his comments to the Government’s submissions. He stated that they had not provided any documents refuting his allegation of the lack of prompt and adequate medical treatment. He also insisted on his request for an interim measure under Rule 39 of the Rules of Court.
53.  On 27 October 2011 the Acting President of the Section to which the case had been allocated decided, in the interests of the parties and the proper conduct of the proceedings before the Court, to indicate to the Government of Ukraine, under Rule 39 of the Rules of Court, that the applicant’s medical examinations which had already been found to be necessary should be carried out and that the conclusions of those examinations should be acted upon without delay.
54.  On 11 November 2011 ultrasonic diagnostics of the applicant’s abdominal cavity organs, kidneys and prostate were conducted in the Kyiv City Emergency Hospital. The diagnoses established were as follows: diffusive liver changes, chronic cholecystitis and pancreatitis.
55.  On 17 November 2011 the applicant was consulted by a cardiologist and underwent a number of tests and analyses in the Strazhesko Cardiology Institute. He was diagnosed, in particular, with second-degree hypertension, hypercholesterolemia (anamnestic), micronephrolithiasis, chronic cholecystitis, chronic pancreatitis, and spine osteochondrosis.
56.  On 22 November 2011 the applicant’s health sharply deteriorated during a court hearing and an ambulance was called for him. He was taken to the Kyiv Emergency Hospital where he underwent inpatient treatment.
57.  On 5 December 2011 the applicant was discharged from hospital and transferred to the SIZO. According to him, the medical prescriptions given at his discharge were not respected and he was not provided with the necessary medical care in the SIZO.
58.  On 12 and 19 December 2011 the applicant was examined by the doctor of the SIZO medical unit who stated that his diagnoses remained unchanged, without any positive or negative changes being observed. According to the Government, who relied on the extracts from the applicant’s medical file, he continued to receive scheduled outpatient treatment in the SIZO.
59.  From 7 to 30 December 2011 a forensic medical evaluation of the applicant’s health condition was conducted on the basis of his medical file. It found that he was suffering from: ischemic heart disease and cardiac insufficiency; second-degree hypertension with a high level of risk and discirculatory encephalopathy; and osteochondrosis in an unsteady remission. The experts also concluded that the applicant required inpatient medical treatment in a specialised cardiologic or neurologic hospital for about ten to fourteen days.
60.  On 26 January 2012 the applicant requested the Court once again under Rule 39 of the Rules of Court to indicate to the Government the necessity to ensure his inpatient specialised cardiological treatment in compliance with the recent medical reports.
61.  On the same date the Court forwarded that request to the Government and invited them to submit comments by 12 February 2012 as regards their compliance with the measures already indicated to them under Rule 39.
62.  On 8 February 2012 the applicant was transferred to the Strazhesko Cardiology Institute, where he was consulted by a commission of three cardiologists and underwent an electrocardiogram examination. He was diagnosed, in particular, with second-degree hypertension in a critical stage. Furthermore, an additional specialised test (a bicycle ergometry) was recommended with a view to clarifying the heart ischemia diagnosis, once the applicant’s blood pressure was stabilised. The commission also stated that the applicant did not require hospitalisation.
63.  On 10 February 2012 the Government informed the Court about the aforementioned events.
64.  On 15 February 2012 the Podilskyy Court, referring to the findings of the expert medical evaluation of 30 December 2011 (see paragraph 59 above), ordered the applicant’s immediate hospitalisation.
65.  On the same date the applicant was placed in the Kyiv City Emergency Hospital.
66.  The applicant submitted that he had been handcuffed to his bed for the duration of his stay in hospital. The Government contested the veracity of that allegation. On an unspecified date the chief of the SIZO security unit issued an information note, according to which the applicant was not handcuffed while in hospital.
67.  On 26 February 2012 the applicant allegedly had to share his ward with a detainee suffering from an open form of tuberculosis.
68.  On 5 March 2012 the lawyer representing the applicant in the domestic proceedings wrote a statement for Mr Bushchenko (the lawyer representing the applicant before the Court) that the applicant had been constantly handcuffed to his bed from 21 February to 5 March 2012. The security officers allegedly disregarded the lawyer’s requests to remove the handcuffs with reference to some internal guidelines.
69.  On 6 March 2012 the applicant was released (see paragraph 34 above). It is not known what medical treatment, if any, he pursued thereafter.